United States Ninth Circuit

Imposition of a fifteen-year mandatory minimum sentence under the Armed Career Criminal Act (ACCA) is affirmed, where: 1) defendant's prior conviction under California Vehicle Code section 2800.2 for vehicle flight from a pursuing peace officer was a "violent felony" under the ACCA's residual clause (18 U.S.C. section 924(e)(2)(B)(ii); and 2) because the residual clause as applied to section 2800.2 is not ambiguous or unconstitutionally vague, the rule of lenity is inapplicable.

Appellate Information

• Decided 11/14/2014
• Published 11/14/2014

Judges

• Owens

Court

• United States Ninth Circuit

Counsel